Believe it or not, the first medical marijuana bill in Arizona was passed in 1996. The initiative included some drug policy reform along with a provision allowing physicians to issue prescriptions for medical marijuana. However, this provision was ultimately feckless, as it directly conflicted with federal law. This was obviously not the end of medical marijuana legislation in Arizona. A bill was again presented to legalize both medical and recreational marijuana in 2002, but the initiative failed once again. Nevertheless, medical marijuana was finally legalized when Proposition 203 was approved with 50.1% of the vote.
Despite the success of the proposal, marijuana as a whole remained deeply unpopular with many of the sheriffs, law enforcement officials, and politicians in the state. This was made abundantly clear when Proposition 205 to legalize recreational marijuana was soundly defeated in 2016.
The campaign against the bill resulted in serious fundraising efforts by Governor Doug Ducey, Sheldon Adelson, and the Arizona Chamber of Commerce and Industry, among many others. However, thanks to the Arizona Dispensaries Association and tireless action of dedicated activists throughout the state, Arizona voters resoundingly passed legalization of recreational marijuana on the 2020 ballot with 60% voting in favor.
Arizona is a southwestern state that shares its border with Utah, New Mexico, California, Colorado, Nevada, and the Mexican states of Baja Californian and Sonora. With almost 7.5 million residents within its borders, Arizona is the 14th largest state by population.
The area was originally a part of New Spain before it became part of Mexico after its successful War of Independence in 1821. Not long after, the United States gained control over the territory in 1848 following the Mexican-American War. It would take until 1912 before Arizona was admitted into the Union as the 48th state.
Arizona is known for its desert climate, mountain ranges, and canyons, many of which attract visitors from around the world. Some of the most notable are the Grand Canyon, Antelope Canyon, Monument Valley, Horseshoe Bend, the Petrified Forest Natural Park, Havasu Falls, the Painted Desert, Meteor Crater Natural Landmark, and the Chapel of the Holy Cross.
Frequently Asked Questions
About Medical Marijuana in Arizona
What are the qualifying medical conditions in Arizona?
The Florida Department of Health is the department that is charged with the oversight of medical marijuana in Florida.
What are the qualifying medical conditions in Arizona?
Here is the list in full:
- Post Traumatic Stress Disorder
- HIV/AIDS
- Hepatitis C
- Cancer
- Glaucoma
- Crohn's Disease
- Alzheimer's Disease
- Amytrophic Lateral Sclerosis
- A chronic or debilitating medical condition or illness that causes: severe nausea, cachexia or wasting syndrome, severe or persistent muscle spasms caused by or similar to those caused by multiple sclerosis, severe and chronic pain, or seizures, including those caused by epilepsy.
How can I request that my medical condition be added to the list of qualifying medical conditions?
The Department of Health Services accepts written requests every January and July regarding the addition of new medical conditions to the list of qualifying conditions. If your medical condition is not listed, you may formally request a change after providing the following:
* The name of the medical condition.
* A list of the symptoms. This should include descriptions of how these symptoms are debilitating for daily life.
* The current availability of traditional treatments for the condition;
* A review of any evidence supporting the efficacy of marijuana treatments for the medical condition.
* Any peer-reviewed articles or research regarding medical marijuana treatments and the medical condition.
What do I need to provide the Department during my Arizona MMJ patient registration?
Patients must present a few documents to the Department alongside their completed applications. Be sure to provide the following:
* A current photograph of the patient from within the past 60 days.
* A copy of one of the following: Arizona driver’s license or state ID (if the license or ID was issued before October 1, 1996, a document certifying citizenship must be presented alongside the ID) or a U.S. passport photo
* A completed copy of the Medical Marijuana Patient Attestation Form.
* A Medical Marijuana Physician Certification Form completed by your evaluating physician. (Both forms can be found here, on the ADHS website).
* SNAP documentation (optional).
* A valid credit card, debit card, or pre-paid cards for the application fee.
How often do I need to renew my medical marijuana card in Arizona?
Arizona medical marijuana cards are only valid for two years. As such, all qualifying patients must re-apply for renewal within 30 days of their MMJ expiration date. Keep in mind that Arizona marijuana patients are required to obtain a medical evaluation every time they renew their MMJ registration.
What are the possession limits for Arizona medical marijuana patients?
Arizona medical patients can only possess 2.5 ounces of "usable marijuana." This is defined by the law as "dried flowers of the marijuana plant and any mixtures or preparations thereof."
Where can medical patients smoke or use their medical marijuana in Arizona?
Under the current legislation, no medical marijuana patient is allowed to consume cannabis in any public place. This also includes dispensaries. They will face criminal penalties if they do so. Arizona's medical marijuana law also gives nursing care facilities, hospice centers, assisted living facilities, or adult foster homes the ability to impose restrictions on marijuana use in their locations. Arizona employers, too, are allowed to issue restrictions on marijuana use in their workplaces.
Who can cultivate marijuana in Arizona?
A qualifying patient or their designated caregiver may be approved by the Department to cultivate medical marijuana if the qualifying patient lives more than 25 miles from the nearest dispensary.
A dispensary may be licensed to cultivate at its location or at an additional cultivation site. Regardless, all zoning restrictions in the area of cultivation must be complied with. All cultivation sites must be "enclosed, locked areas" as defined by the law.
Where are Arizona residents allowed to grow marijuana?
Those Arizona patients who are licensed to cultivate must do so in "an enclosed, locked facility." Marijuana greenhouses would fall under this definition so long as the site includes "locks or other security devices that permit access only by a cardholder." Sites will also be considered enclosed if they are circled by "solid 10-foot walls constructed of metal, concrete, or stone that prevent any viewing of the marijuana plants, with a one-inch thick metal gate."
What are the cultivation limits for patients and caregivers in Arizona?
The amount of marijuana a designated caregiver may grow or possess is limited by the number of qualifying patients the designated caregiver is assisting. It is limited to 12 plants per qualifying patient. Caregivers cannot have more than 5 medical marijuana patients under their assistance. Patients themselves are limited to 12 plants, so long as they do not live within 25 miles of a dispensary.
How do you become a designated caregiver in Arizona?
So long as an Arizona resident meets the requirements for the state medical program, they can become a designated caregiver by submitting an application on the Department of Health Services website. Caregivers must be at least 21 years old without any conviction of excluded felony offenses on their criminal record.
Can I become a caregiver in Arizona if I'm also a qualified patient?
Yes, as long as the requirements are met, Arizona residents can become both caregivers and medical patients themselves.
Are caregivers allowed to cultivate marijuana in Arizona?
Yes, caregivers can cultivate marijuana in Arizona, but their designated patient(s) must live more than 25 miles from the nearest dispensary. Also, caregivers are limited to 12 plants per qualifying patient.
Do caregivers in Arizona need to submit their fingerprints to the Department?
All caregivers must submit a sample of their fingers during their registration. To do so, they must get in touch with a local law enforcement agency or a private company that conducts fingerprint sampling. More detailed instructions can be found on the Health Department website here. Not only that, but all caregivers must re-submit their fingerprints every 2 years.
What are the workplace protections for Arizona medical patients?
According to the Arizona Medical Marijuana Act, employers can't penalize those employees who are qualifying patients if they fail a marijuana drug test. However, this doesn't apply if the patient used, possessed, or was under the influence of marijuana during work hours or within the workplace. Be sure to consult a state-licensed attorney to learn how the Medical Marijuana Act applies to your work situation.
